On 25 August Business Day reported that the Board of Healthcare Funders (BHF) had lodged an appeal to the Constitutional Court to have the NHI Act declared unlawful and invalid. This challenge is distinct from a separate case the BHF previously filed in the Pretoria High Court, challenging President Ramaphosa’s decision to assent to the Act.
In its appeal the BHF accuses Parliament of engaging in a mere ‘tick-box’ exercise, ignoring substantive and critical feedback from a wide range of stakeholders before passing the Bill.
In its Editorial (27 August 2025) Business Day stated:
“This new legal assault extends beyond the content of the Act itself, instead focusing on what the BHF alleges was a failure by Parliament to facilitate meaningful public participation - a cornerstone of SA’s constitutional democracy.
“According to the BHF, the fact that the final Act is virtually identical to the original Bill submitted by the executive is clear evidence that the vast public input was ultimately disregarded.
“While Parliament has yet to file its response, this challenge places the integrity of the
law-making process under the country's highest judicial microscope.”